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ORDINANCE NO. 2008-08
AN ORDINANCE OF THE TOWN OF WINDERMERE, FLORIDA PERTAINING TO PUBLIC
HEALTH AND SAFETY; REVISING IN ITS ENTIRETY SECTION 8-8 OF THE CODE OF
ORDINANCES TO REQUIRE THE CLEAN-UP OF PROPERTY UNDER CERTAIN CONDITIONS;
PROVIDING THE PURPOSE AND INTENT OF THE REVISION TO SECTION 8-8; PROVIDING
DEFINITIONS FOR SECTIONS 8-8 AND 8-9; DECLARING CERTAIN CONDITIONS ON LOTS,
PARCELS, AND TRACTS WITHIN THE TOWN BOUNDARIES TO BE NUISANCE; PROHIBITING =
THE
ACCUMULATION OF TRASH, JUNK, OR DEBRIS, LIVING AND NONLIVING PLANT MATERIAL,
AND STAGNANT WATER; PROHIBITING THE EXCESSIVE GROWTH OF GRASS, WEEDS, BRUSH,
AND OTHER OVERGROWTH; PROHIBITING THE KEEPING OF FILL ON PROPERTY THAT RESU=
LTS
IN CERTAIN CONDITIONS; PROHIBITING CERTAIN CONDITIONS THAT CONSTITUTE THE
IMMINENT THREAT TO PUBLIC HEALTH; AUTHORIZING THE TOWN TO UNDERTAKE IMMEDIA=
TE
ABATEMENT AND REMEDY OF IMMINENT PUBLIC-HEALTH THREATS; PROVIDING FOR
ENFORCEMENT OF VIOLATIONS OF SECTION 8-8; REQUIRING NOTICES TO OWNERS AND, =
IF
APPLICABLE, AGENTS, CUSTODIANS, LESSEES, AND OCCUPANTS OF PROPERTY IN VIOLA=
TION
OF SECTION 8-8; PROVIDING FOR APPEALS OF VIOLATION NOTICES; AUTHORIZING THE
IMPOSITION AND LEVY OF SPECIAL ASSESSMENTS IF COSTS ARE INCURRED BY THE TOWN
AND NOT REIMBURSED BY THE PROPERTY OWNER AND, IF APPLICABLE, THE PROPERTY
AGENT, CUSTODIAN, LESSEE, OR OCCUPANT; REQUIRING NOTICES OF ASSESSMENT;
REVISING SECTION 8-9 IN ITS ENTIRETY TO PROVIDE FOR ASSESSMENTS FOR THE COS=
T OF
LOT CLEAN-UP; ESTABLISHING THE TOWN AS A SPECIAL ASSESSMENT DISTRICT; AUTHO=
RIZING
THE LEVY OF NON-AD VALOREM ASSESSMENTS IN CONNECTION WITH VIOLATIONS OF SEC=
TION
8-8; PROVIDING FOR THE COLLECTION OF NON-AD VALOREM ASSESSMENTS; AUTHORIZIN=
G AN
AGREEMENT WITH THE ORANGE COUNTY PROPERTY APPRAISER AND TAX COLLECTOR;
AUTHORIZING AND REQUIRING THE ADOPTION OF A RESOLUTION REGARDING THE
TOWN’S USE OF THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM
ASSESSMENTS; PROVIDING FOR ANNUAL NON-AD VALOREM ASSESSMENT ROLLS; PROVIDING
TRANSITION PROVISIONS AND RATIFYING ASSESSMENTS TO RECOVER COSTS INCURRED BY
THE TOWN TO REMEDY VIOLATIONS PRIOR TO THE ORDINANCE’S ENACTMENT;
REPEALING SECTIONS 8-10 AND 8-11 OF THE CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Whereas, the town council has determined that many properties in the town, primarily those that have been aba= ndoned because of pending mortgage foreclosure, have accumulations of junk, trash, debris, living and nonliving plant material, stagnant water, excessive over= growth of weeds, grass, and other objectionable, unsightly or unsanitary materials= .
Whereas, by enactment of this ordinance t= he town prohibits (i) the existence of excessive accumulations or untended gro= wths of weeds, undergrowth, or other dead or living plant life, stagnant water, rubbish, debris, trash, and all other objectionable, unsightly, or unsanita= ry matter upon any lot, tract or parcel, (ii) conditions conducive to the infestation or inhabitance of rodents, vermin, or wild animals, (iii) conditions conducive to the breeding of mosquitoes, and (iv) untended prope= rty that threatens or endangers the health, safety, or welfare of town resident= s or adversely affects or impairs the economic welfare of adjacent property.
Whereas,
these prohibited conditions are declared public nuisances, and the
failure of a property owner to abate and terminate the public nuisance resu=
lts
in (i) the “clean-up” of the property by the town and (ii) the
imposition of a non-ad valorem special assessment on the property if the to=
wn
is not timely reimbursed for the cost of the “clean-up”.
Whereas, the town has the authority to use the uniform method for the levy, collecti= on, and enforcement of non-ad valorem assessments as set forth in Chapter 197 of Florida Statutes.
Whereas, if not timely paid, the non-ad valorem assessment for clean-up of a lot wil= l be included on the property owner’s annual tax bill, to be paid at the s= ame time that yearly ad-valorem taxes are paid.
= Whereas, if the non-ad valorem assessment is not paid timely, a lien may als= o be recorded against the property.
Whereas, the town council now intends to amend its Code of Ordinances to (i) prohibit the nuisances that arise when property is allowed to deteriorate as described herein, (ii) provide for clean-up of the property and abatement of the nuisance, (iii) provide for assessment of property where the town undertakes the clean-up, and (iv) authorize the use of the uniform method f= or the imposition and collection of non-ad valorem assessments against those properties. Now therefore,
BE IT ENACTED BY THE PEOPLE OF THE TO=
WN OF
Section 1. Revision of Section 8-8, Code of Ordinances. Section 8-8 of the Code of Ordinances is repealed in its entirety and is revised to read as follows:
Sec. 8-8.
(a) Purpose and intent. The purpose and intent of th= is section is to prohibit the following:
1)&n= bsp; accumulation of trash, junk, or debris, living and nonliving plant material, and stagnant water,
2)&n= bsp; excessive and untended growth of grass, weeds, brus= h, branches, and other overgrowth, and
3)&n= bsp; the existence of all other objectionable, unsightly= or unsanitary matter, materials, and conditions on property, whether improved = or unimproved.
The purpose and intent of this section is to prevent conditions on property that result in the following:
1)&n= bsp; property being inhabited by, or providing a habitat for, rodents, vermin, reptiles, or other wild animals.
2)&n= bsp; property providing a breeding place for mosquitoes.=
3)&n= bsp; property being a place, or being reasonably conduci= ve to serving as a place, for illegal or illicit activity.
4)&n= bsp; property threatening or endangering the public heal= th, safety or welfare of town residents.
5)&n= bsp; property reasonably believed to cause currently, or potentially to cause in the future, ailments or disease.
6)&n= bsp; property adversely affecting and impairing the econ= omic value or enjoyment of surrounding or nearby property.
(b) Definitions.
These words, terms and phrases, when used in this section= and in Section 8-9, will mean the following:
1)&n= bsp; “Actual cost” means the actual contract amount plus interest, if any, as invoiced by an independent, private contra= ctor for terminating and abating a violation of this section on a lot, tract, or parcel, plus the cost of serving notice of the violation, obtaining title information on the property, and all other identifiable costs incurred by t= he town in the clean-up of the lot, tract, or parcel.
2)&n= bsp; “Compatible electronic medium or media” means machine-readable electronic repositories of data and information, including, but not limited to, magnetic disk, magnetic tape, and magnetic diskette technologies, which provide without modification that the data and information therein are in harmony with and can be used in concert with the data and information on the ad valorem tax roll keyed to the property identification number used by the Orange County Property Appraiser.
3)&n= bsp; “Compost bin” means a container designed for the purpose of allowing nonliving plant material to decompose for use as fertilizer. For purposes of t= his article, any such compost bin shall be constructed of wire, wood lattice or= other material which allows air to filter through the structure. A compost bin shall not exceed an = area of sixty-four square feet or a height of five feet.
4)&n= bsp; “Excessive growth” means grass, weeds, rubbish, brush, branches, or undergrowth that has reached a height of eight inches or more.
5)&n= bsp; “Fill” means material such as dirt that= is imported and deposited on property by artificial means.
6)&n= bsp; “Grass, weeds, or brush” means grass or weeds or brush that, when allowed to grow in a wild and unkempt manner, will reach a height of eight inches or more.&nb= sp; This definition does not include bushes, shrubs, trees, vines, flowe= ring plants, and other living plant life typically used and actually being used = for landscaping purposes.
7)&n= bsp; “Imminent public-health threat” means t= he condition of a lot, tract, or parcel of land that, because of the accumulat= ion of trash, junk, or debris, such as broken glass, rusted metal, automotive a= nd appliance parts, some of which may contain chemicals, such as freon, oils, fluids, or the like, may cause injury or disease to humans or contaminate t= he environment, or the condition of a lot, tract or parcel that, because of the excessive growth of grass, weeds, or brush, can harbor criminal activity, vermin, or disease.
8)&n= bsp; “Levy” means the imposition of a non-ad= valorem assessment against property found to be in violation of this section.
9)&n= bsp; “Non-ad valorem assessment” means a spe= cial assessment that is not based upon millage and that can become a lien agains= t a homestead as permitted in section 4 of article X of the Florida Constitutio= n.
10)&=
nbsp;
“Non-ad valorem assessment roll” means =
the
roll prepared by the town and certified to the Orange County Property Appra=
iser
Tax Collector, as appropriate under
11)&= nbsp; “Non living plant material” means nonli= ving vegetation such as leaves, grass cuttings, shrubbery cuttings, tree trimmin= gs and other material incidental to attending the care of lawns, shrubs, vines= and trees.
12)&= nbsp; “Property” means a lot or tract or parc= el of land and the adjacent unpaved and ungraded portion of the right-of-way, whether such lot or tract or parcel is improved or unimproved.
13)&= nbsp; “Trash, junk, or debris” mean waste material, including, but not limited to, putrescible and nonputrescible was= te, combustible and non-combustible waste, and generally all waste materials su= ch as paper, cardboard, tin cans, lumber, concrete rubble, glass, bedding, crockery, household furnishings, household appliances, dismantled pieces of motor vehicles or other machinery, rubber tires, and rusted metal articles = of any kind.
(c) Declaration of nuisance and menace= . The (i) accumulation of trash, junk, or debris, living and nonliving plant material, or stagnant water upon property, (ii) the excessive growth of gra= ss, weeds, brush, branches, and other overgrowth upon property, and (iii) the keeping of fill in a unsafe and unsanitary manner is declared to be a nuisa= nce and menace to the public health, safety, and welfare of the citizens of the town for the following reasons:
1)&n= bsp; The aesthetic appearance of property preserves the = value of other properties within the town.
2)&n= bsp; The (i) accumulation of trash, junk, or debris, nonliving plant material, or stagnant water, (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth, and (iii) the keeping = of fill in an unsafe and unsanitary manner is dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of average sensibilities, and a visual nuisance because it depreciates, or potentially can depreciate, the value of neighboring property.
3)&n= bsp; Unless addressed properly in this Code of Ordinance= s, town taxpayers could be and would be required to pay the cost of cleaning up such properties, and such clean-ups would have to be undertaken by the town several times a year, in some cases for the same properties.
(d) Accumulation of trash, junk, or de=
bris,
living and nonliving plant material, and stagnant water.
1)&n= bsp; Every owner and, if applicable, every agent, custod= ian, lessee, or occupant of property shall reasonably regulate and effectively control accumulations of trash, junk, or debris, living and nonliving plant material, and stagnant water (i) on the property, and (ii) that portion of = the adjoining public right-of-way between the property and the paved or graded street.
2)&n= bsp; The following uses are permissible:
A.&= nbsp; Storage of trash, junk, debris, and living and nonliving plant material in garbage = cans that comply with applicable ordinances relating to solid-waste collection.<= /p>
B.&= nbsp; The storage of nonliving plant material in compost bins, except that no property may have more than two compost bins.
C.&= nbsp; Keeping wood on the property for use as fire or fuel, provided, such wood shall be piled, stacked, bundled, or corded and the area surrounding the piles, stac= ks, bundles, or cords shall be free of excessive growth of grass, weeds, brush, branches, and other overgrowth.
(e) Excessive growth of grass, weeds, = brush, and other overgrowth. Every owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the excessive growth of grass, weeds, brush, and other overgrowth (i) on the property, and (ii) that portion of the adjoining publ= ic right-of-way between the property and the paved or graded street. Excessive growth of grass, weeds, brush, and other overgrowth that exceeds eight inch= es in height is prohibited and shall be trimmed to height below eight inches.<= /p>
Vegetative growth that is a mature Florida
(f) Keeping of fill on property. E= very owner and, if applicable, every agent, custodian, lessee, or occupant of property shall reasonably regulate and effectively control the property so = as to prevent the keeping of fill on it to prevent the creation of (i) a habit= at for rodents, vermin, reptiles, or other wild animals, (ii) breeding ground for mosquitoes, (iii) a place conducive to illegal activity, (iv) a place that threatens or endangers the public health, safety or welfare of town residen= ts, (v) a place that is reasonably believed to cause currently, or potentially = to cause in the future, ailments or disease, or (vi) a condition on the proper= ty that adversely affects and impairs the economic value or enjoyment of surrounding or nearby property.
(g) Imminent public-health threat.= An (i) accumulation of trash, jun= k, debris, living and nonliving plant material, or stagnant water, (ii) excess= ive growth of grass, weeds, brush,= or other overgrowth, or (iii) the keeping of fill on property that presents an imminent public-health threat may be remedied by the town immediately witho= ut notice to the owner or, if applicable, the agent, custodian, lessee, or occupant. The town manager shall determine whether, under the provisions of this section, an imminent public-health threat exists.
After-the-fact notice will be provided by the town to the owner and, if applicable, the agent, custodian, lessee, or occupant no later than five work days after the abatement.&n= bsp; After-the-fact notice shall be sent as set forth in subsection (h) b= elow, and the owner and, if applicable, the agent, custodian, lessee, or occupant shall have fifteen days from the date notice is received to (i) reimburse t= he town or (ii) appeal the town manager’s determination that an imminent public-health threat existed on the property.
(h) Enforcement.
(1) Violations. Failure or refusal by the owner
and/or, if applicable, the agent, custodian, lessee or occupant of property=
to
comply with the requirements of subsections (d), (e), and (f) is a violatio=
n of
this section. The existence o=
f an
imminent public-health threat on a property is a violation of this
section.
(2) Notice of violation. Whenever the town manager or her designee determines there i= s a violation of this section, the town manager shall serve, or cause to be ser= ved, a “notice of violation” on the owner and, if applicable, the ag= ent, custodian, lessee, or occupant of the property. The “notice of violationR= 21; shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to terminate and abate the violation within twenty calendar days of the date the “notice is received.” If the “notice of violation&= #8221; pertains to an imminent public-health threat abated by the town, the notice shall direct the owner and, if applicable, the agent, custodian, lessee, or occupant to pay to the town the cost of such abatement.
If the notice of violation is sent or delivered to both t= he owner and the owner’s agent, custodian, lessee, or occupant, they sha= ll be jointly and severally responsible to remedy the violation.
(3) Notice is
received. The “noti=
ce of
violation” shall be sent by
In the event that certified-mail delivery cannot be accomplished, and after reasonable search by the town for such owner or, if applicable, the agent, custodian, lessee, or occupant of the property, or if the notice is not accepted or is returned to the town, a physical posting of the “notice of violation” on the property shall be deemed the d= ate the “notice of violation” is received.
(3) Form of notic= e. The notice shall be in substantially the following form:
NOTICE OF VIOLATION
Name of owner:
___________________________________= ____________________
Address of owner:
___________________________________= ____________________
Name of agent, custodian, lessee, or occupant (if applicable):
___________________________________= ____________________
Address of agent, custodian, lessee= , or occupant (if applicable):
___________________________________= ____________________
Our records indicate that you are t=
he
owner, agent, custodian, lessee or occupant of the following property in the
Town of
[description of property]
An inspection of this property
discloses, and I have found and determined, that a public nuisance exists on
this property. This public nuisance violates section 8-8 of the Code of
Ordinances of the Town of
[description of the violation in this section]
[You are hereby notified that if, within twenty days from the date this notice is received,
a.&n= bsp; the violation described above is not remedied and abated, or
b.&n= bsp; this violation notice has not been timely appealed,= as set forth in Subsection 8-8(i) of the town’s Code of Ordinances,
the town will cause the violation t= o be remedied, and the costs incurred by the town in connection with the cleanup will be assessed against the property.]&nb= sp; To appeal this notice of violation, you must file your notice of app= eal no later than 15 days after receipt of this notice.
Town of
By:______________________________<= /p>
Title:____________________________=
If the notice is an after-the-fact notice of an imminent public-health threat, the bracketed portions shall be deleted and, in their place, the information required in subsection (k) regarding levy of assessm= ent on the property for the costs of abatement incurred by the town shall be substituted.
(i) Appeals. Within fifteen days after notice is received, the owner or, if applicable, the agent, custodian, lessee, or occupant of the property may appeal to the town council that a “notice of violation” is not warranted for the property or that the property did not pose an imminent public-health threat that required immediate cleanup.
(1) Content of Ap= peal. The owner or, if applicable, the agent, custodian, lessee, or occupant of t= he property must appeal the notice of violation by written notice to the town manager. The written notice must be accompanied by a reasonable filing fee,= as determined by the town manager, and shall be either hand delivered to the t= own manager, or mailed to the town manager and postmarked, within the fifteen-d= ay period after notice is received.
Upon timely receipt, the town manager will schedule the appeal for a public hearing before the town council. At the public hearing, the appella= nt shall be afforded due process and may present such evidence as is probative= of the appellant’s case. T= he town manager or other town staff shall present such evidence as is probativ= e of the alleged violation. Member= s of the public shall be afforded the opportunity to present germane testimony a= nd evidence. Thereafter, the hea= ring shall be closed and the town council shall rule on the appeal.
(2) Unsuccessful appeal. If the appeal is unsuccessful, the property must be “clea= ned up” and the violation remedied and removed within fifteen days from t= he date of the town council’s decision.=
(j) Special assessment imposed. In the event an appeal is not ma= de within fifteen days after notice is received and the violation is not remed= ied, or a timely appeal is made, but is unsuccessful and the violation is not remedied, the town may undertake such action as is necessary or useful to remedy the violation. The cos= ts incurred by the town to remedy the violation, including the actual cost of clean-up, all administrative expenses, and all other identifiable costs incurred by the town, shall be assessed against the property as authorized = by Section 8-9. All assessments = shall be paid in full no later than the close of town business on the twentieth (20th) business day after the property owner has received notice of the assessment. Thereafter, the u= npaid amount of the assessment will accrue interest at the rate of 12% per annum = or at the maximum rate allowed by law, whichever is less.
(k) Notice of assessment. Upon completion of the actions undertaken by the town to remedy the violation on the property, the town manager shall notify in writing the owner and, if applicable, the agent, custodian, lessee, or occupant that a special assessment has been imposed on the property. The notice shal= l be delivered to the owner and, if applicable, the agent, custodian, lessee, or occupant in the manner set forth for delivery of the notice of violation in subsection (h).
The notice of assessment shall set forth the following:= p>
1)&n= bsp; A description of the violation, a description of the actions taken by the town to remedy the violation, and the fact that the property has been assessed for the costs incurred by the town to remedy the violation.
2)&n= bsp; The aggregate amount of such costs and an itemized = list of such costs.
3)&n= bsp; The intent of the town to record the assessment as a lien against the property if not paid timely, within the period of twenty business days as set forth in subsection (j).
4)&n= bsp; The intent of the town to place the assessment on t= he tax roll as a non-ad valorem assessment if not paid by the following Decemb= er 1.
5)&n= bsp; The potential for the property to be subject to the sale of a tax certificate, bearing interest by law at a rate as high as 18%= per annum, if the non-ad valorem assessment is not paid as part of the tax bill= on the property.
6)&n=
bsp;
The potential for the property to be sold and conve=
yed
by tax deed if the tax certificate is not redeemed by payment of the non-ad
valorem assessment in full, plus interest, as required by
Section 2. Revision of Section 8-9, Code of Ordinances. Section 8-9 of the Code of Ordinances is repealed in its entirety and is revised to read as follows:
Sec. 8-9. Assessments=
for
lot clean-up.
a) Establishment of special
assessment district. The =
Town
of
b) Levy of non-ad valorem
assessments. There is her=
eby
levied, and the town council is authorized to levy from time to time, a non=
-ad
valorem assessment against each and every property in the town (i) on which
there occurs or has occurred a violation of Section 8-8, (ii) the town
undertakes or has undertaken action pursuant to Section 8-8 to abate and/or
remedy the violation and, thereby, incurs or has incurred costs, and (iii) =
the
property owner and, if applicable, the agent, custodian, lessee, or occupan=
t of
the property fails or refuses or has failed or refused, for whatever reason=
, to
pay timely the amount owed to the town under Section 8-8 for the costs incu=
rred
by the town in carrying out such abatement and remedy.
c) Collection of non-ad va=
lorem
assessments. The town cou=
ncil
elects to use the uniform method to impose and collect non-ad valorem
assessments against properties on which violations of Section 8-8 occur or =
have
occurred. The non-ad valorem
assessments collected pursuant to this section will be included in the comb=
ined
notice for ad-valorem taxes and non-ad valorem assessments as provided in
section 197.3635 of Florida Statutes.
Non-ad valorem assessments collected pursuant to this section are
subject to all collection provisions in section 197.3632 of Florida Statute=
s,
including provisions relating to discount for early payment, prepayment by
installment method, deferred payment, penalty for delinquent payment, and
issuance and sale of tax certificates and tax deeds for nonpayment.
d) Agreement to reimburse =
the
Orange
e) Adoption of a resolutio= n. The town council will adopt a resolution at a public hearing prior to Janua= ry 1, 2009 in accordance with subsection 197.3632(3) of the Florida Statutes (2007), which resolution shall state the following:
1)&n= bsp; The town’s intent to use the uniform method of collecting non-ad valorem assessments.
2)&n= bsp; The town’s need for the imposition of the non= -ad valorem assessments.
3)&n= bsp; The entire town is declared a special-assessment district, with individual properties being subject to the non-ad valorem assessment from time to time if and when violations of Section 8-8 occur.= p>
The town will comply with all statutory notice prerequisi= tes set forth in Section 197.3632 of Florida Statutes.
f) Annual non-ad val= orem assessment roll. Each yea= r, the town council will approve a non-ad valorem assessment roll at a public hear= ing between January 1 and September 15. The non-ad valorem assessment roll will be comprised of properties t= hat have had levied against them non-ad valorem assessments under this section,= and such assessments have not otherwise been paid in full prior to approval of = the roll.
The town manager and the town attorney are authorized and directed each year (i) to prepare the notice that must be sent by first-cla= ss United States mail, as required by subsection 197.3632(4)(b) of Florida Statutes, and (ii) to prepare and publish the newspaper notice required by subsection 197.3632(4)(b) of Florida Statutes.
The notice to be sent by first-class mail will be sent to each person owning property that will be on the non-ad valorem assessment r= oll and will include the following:
1)&n= bsp; The purpose of the assessment;
2)&n= bsp; The total amount to be levied against the parcel, w= hich includes the actual cost incurred by the town;
3)&n= bsp; A statement that failure to pay the assessment will cause a tax certificate to be issued against the property, which may result= in a loss of title;
4)&n= bsp; A statement that all affected property owners have a right to appear at the hearing and to file written objections with the local governing board within 20 days of the notice; and
5)&n= bsp; The date, time, and place of the hearing.
Upon its approval=
by
town council, the non-ad valorem assessment roll will be certified to the t=
ax
collector as required by law.
Section 3. Transition Provision. Non-ad valorem assessments to recover actual costs incurred = by the town in remedying violations of Section 8-8 of the Code of Ordinances prior= to the effective date of this ordinance may be levied against the affected properties and, if not timely paid in full, may be placed on a non-ad valor= em assessment roll at the next available opportunity. All actions taken by town official= s and employees to that end are ratified and confirmed herewith.
Section 4. Repeal of Sections 8-10 and 8-11.<= /b> Sections 8-10 and 8-11, Code of Ordinances, are repealed. The= code shall be reprinted to indicate that those sections are “Reserved.”
Section 5. Severability. If a provision o= f this ordinance is held invalid or unconstitutional in judicial proceedings, the holding shall not affect other provisions that can be given effect. To that end, this ordinance is declared to be severable.
Section 6. Effective Date. This ordinance takes effect immedi= ately upon its enactment.
ENACTED by ordinance this _____ day of November, 2008, at a reg=
ular
meeting of the Town Council of the Town of
by: Town Council
by: =
&nb=
sp; =
&nb=
sp; =
Gary Bruhn,= Mayor
Attest:
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
Dorothy Burkhalter, CMC &n= bsp;  = ; &n= bsp;
Town Clerk = &nb= sp; = &nb= sp; = &nb= sp;
First reading: October 12, 2008
Second reading: ___________, 2008
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